How and when does an applicant receive a final, unconditional leniency letter?
As noted above and in the model corporate and individual conditional leniency letters, after the applicant “establishes that [it/he/she] is eligible to receive leniency,” as represented in paragraph #1 of the conditional leniency letter, “and provides the required cooperation,” as set forth in paragraph #2 of the conditional leniency letter, “the Antitrust Division will notify Applicant in writing that [it/he/she] has been granted unconditional leniency.”(29) Normally this would occur after the investigation and any resulting prosecutions of the applicant’s co-conspirators are completed. 27. Before an applicant is granted final, unconditional leniency, under what circumstances can the Division revoke an applicant’s conditional leniency, and will the Division provide the applicant with any advance notice of a staff recommendation to revoke conditional leniency? If the Division determines, before it grants an applicant a final, unconditional leniency letter, that the applicant “(1) contr
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